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(영문) 대구지방법원 경주지원 2013.07.02 2013고단250
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2007, the Defendant was sentenced to a fine of one million won as a violation of the Road Traffic Act (driving) in Daegu District Court and racing support on May 22, 2007, a fine of seven hundred thousand won as a violation of the Road Traffic Act (driving) in the same court on August 10, 2009, and a fine of two million won as a violation of the Road Traffic Act (driving) in the same court on April 6, 2010, respectively.

Nevertheless, at around 17:52 on March 20, 2013, the Defendant driven a Bunststop vehicle under the influence of alcohol content of approximately 0.213% at a section of about 1 km from the vicinity of the entrance of the pention Village located in the Northern-gun, Chungcheongnam-si, Chungcheongnam-si to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of the same criminal records);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Incompetence of the suspended execution, and considering the circumstances, etc. of the instant crime);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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